Cases

Here we publish the most recent rulings in favor of Homeowners fighting for their rights against debt collectors.

By federal law, banks cannot loan money (they access your credit) -so, since they do not loan “their” money, how can they claim an injury by not receiving payments? 

They may claim disappointment at not receiving anticipated unjust enrichment  revenue/cash flow…but that is not a concrete and particularized injury as required to claim and prove standing-per dozens of SCOTUS cases which have clearly articulated that as the number one requirement, followed by 2) said injury being attributed to some breach of contract or law on the “defendants” part, and 3) the concrete injury in fact is likely to be redressed by a positive outcome of the suit :

Standing is a threshold issue, basic blocking and tackling, the first step for a judge, it must be proven on and for the record before the merits of the case are addressed-and if standing does not exist, it’s the judge’s duty to dismiss the case.

Standing cases-

Lujan v Defenders of Wildlife 504 US 555, 56061 (1992), Allen v Wright, Transunion v Ramirez, Spokeo v Robins, Warth Seldin 422 US 490, 508…Sierra Club v. Morton 405 US 727, 740-741, Whitmore Supra 495 US 155, Los Angeles v Lyons 461 US 95,102 (1983), Simon v Eastern Kentucky Welfare Rights Org 426 US 26, 41-42 (1976), Bell Atlantic v. Twombly 550 US 544, 555-56, Assoc. Gen. Contractors of Ca v. Carpenters 419 US 519,528, Ashcroft v. Iqbal 556 US 662, 678, Maxfield.’s Lessee v. Levy 4 US 330, Steel Corp. v Citizens for Better Environment 523 US 83, US v. Cotton-535 US 625

Remember to send all the parties involved a Qualified Written Request ( QWR ) pursuant to RESPA, demanding a copy of every document you signed at closing, the payment history, the escrow balance, the original note, the deed of trust ( DOT )/mortgage, and any and all the assignments (recorded and unrecorded ) for your records.

Hearing Monday morning 9/12/2022, before Superior Court Judge: Gary J. White: Superior Court Judge: PJ-Criminal Matters: 123 Hoyt Street, Stamford, CT 06905 Tel (203) 965-5305/15; Fax (203) 965-5389

Nationwide Class Action Lawsuit: IN THE UNITED STATES DISTRICT
COURT, FOR THE EASTERN DISTRICT OF NEW YORK Case No. 20-cv3837
filed on 02/10/22, whereas all persons (1) with a residential mortgage loan securing a
property in the United States, (2) serviced or subserviced by SPS, (3) with mortgage or
deed of trust agreements incorporating standard uniform covenants from Fannie
Mae/Freddie Mac, FHA or similar government-backed model mortgages, (4) and who
paid a fee to SPS for making a loan payment by telephone, an Interactive Voice
Response system (“IVR”), or the internet, during the applicable statutes of limitations
through the date a class is certified.

GISKAN SOLOTAROFF & ANDERSON LLP /s/ Catherine E. Anderson Catherine E. Anderson, Esq. Email: canderson@gslawny.com Oren Giskan, Esq. Email: ogiskan@gslawny.com 90 Broad Street, 10th Floor New York, NY 10004 Tel: (212) 847-8315 LIEFF CABRASER HEIMANN & BERNSTEIN, LLP Rachel Geman, Esq. Email: rgeman@lchb.com 250 Hudson Street, 8th Floor New York, NY 10013 Tel: (212) 355-9500 Case 1:20-cv-03837-PKC-TAM Document 59 Filed 02/10/22 Page 52 of 53 PageID #: 527 -53- SHANBERG, STAFFORD & BARTZ LLP Ross E. Shanberg, Esq. Email: rshanberg@ssbfirm.com 5031 Birch Street Newport Beach, CA 92660 Tel: (800) 519-9810 TUSA P.C. /s/ Joseph S. Tusa Joseph S. Tusa, Esq. Email: joseph.tuspc@gmail.com P.O. Box 566 55000 Main Road, 2nd Floor Southold, NY 11971 Tel. (631) 407-5100 TYCKO & ZAVAREEI LLP Hassan A. Zavareei Email: hzavareei@tzlegal.com Kristen G. Simplicio (pro hac vice) Email: ksimplicio@tzlegal.com 1828 L Street NW, Suite 1000 Washington, D.C. 20036 Tel. (202) 973-0900 BAILEY & GLASSER LLP Todd A. Walburg Email: twalburg@baileyglasser.com James L. Kaufman (pro hac vice) Email: jkaufman@baileyglasser.com 475 14th Street, Suit 610 Oakland, CA 94612 Tel. (510) 207-8633 Counsel for Plaintiffs and Proposed Class Counsel

My name is Judy Simone and since 1985 I was the homeowner of address 2052 Park Row in North Saint Paul. My ex-husband and I built this house and raised our 2 daughters here. For the past 2 1/2 years I have been going through litigation with a law clerk/attorney who was granted the title to my home as of November 2021. I just received notice that I lost eviction hearing and now only have until April 5th to be out.In 2005 I opened a line of credit with TCF Bank after my divorce. In 2014-2015 I had unknown purchases on my checking account which was also the same account for my mortgage. They issued me a new card and it happened again so I made a police report and requested new account to prevent the fraud. With fees and purchases that drained my account I struggled to get proper help from TCF to pay my mortgage payments. With help of NeDA I was able to prevent my home from foreclosure sale and become current. Shortly after I recieved a letter that TCF transferred my mortgage over to the lender Shellpoint. Since December 2017, I have been up to date on mortgage payments, property taxes and utilities. During 2019, my mother passed away and with the inheritance I decided I would put it towards improvements on the house and a new vehicle. I retired after 30yrs from Cub Foods Assistant Journeyman Baker thinking I had alot to look forward to. I ordered wood to resurface my deck, repaired a leak in the roof, and had my garage walls mudded and painted. All things I cannot take with me. My daughter Danielle Simone was served a petition on June 2020. “Proceedings Subsequent to Initial Registration of Land before the Ramsey County Examiner of Titles seeking the issuance of a new certificate of title to the Property.” Not easy to understand and there was a deadline. After researching and seeking legal help I was told TCF Bank proceeded with foreclosure auctioning on my land (torrens) for $16,589.00 that was sold to a a man who is a government worker, a Minnesota Judicial Law Clerk and an attorney representing himself. Somehow, he has continued to harass and push forward to obtain ownership of my property. There are many questions unanswered and many facts regarding the interest.  Many of the properties are listed as resale construction but he denies that it is house flipping. There is limited help for my case, I have been turned down, unable to recieve help. I have suffered legal malpractice that granted Plaintiff summery judgement, preventing my case to go to jury trial. I was never served, there is a conflict of interest here, along with mortgage fraud documents from 2008. I am losing a $400,000 home, my equity, possibly a remaining mortgage, along with an eviction on my record. The case unfortunately started way before the purchase of my land. I should have been given right to be heard and being told theres no time. I am asking for support to help pay for moving costs at this time any donations are greatly appreciated. https://www.gofundme.com/f/help-to-save-wrongful-foreclosure

CINDY BROWN

Cindy Brown Wins the Right to a Trial/Hearing On November 2, 2021, Cindy fought for and won the right to a hearing on the Bank of New York Mellon Motion to Deem Cindy Brown, a Vexatious Litigant. The motion seeks that Cindy posts security of $ 200,000.00 as a condition to prosecute her case going forward.

Neil Garfield opinion: https://livinglies.me/2022/03/28/gary-dubin-on-the-attack-in-california-simple-truths-about-foreclosure-defense

WF https://amlegalnews.blogspot.com/2022/02/wells-fargo-bank-illegal-foreclosure-of.html

Supreme Court of California https://www.academia.edu/41199744/VALLEJO_V_CAPITAL_ONE_REVIEW_BEFORE_THE_SUPREME_COURT

USB, U.S. Bank, N.A., U.S. Bank Trust, et al, are a national banking association with its principal place of business in Minneapolis, Minnesota. U.S. Bank operates in a number of states throughout the United States. During the relevant period, U.S. Bank was not registered with the Commission as an investment adviser because, at that time, banks were generally excluded from the definition of adviser under the Investment Advisers Act of 1940 (“Advisers Act”). U.S. Bank served as adviser to First American Investment Funds, Inc.’s (“FAIF”) (1) International Fund, (2) International Index Fund, and (3) Emerging Markets Fund and First American Insurance Portfolio Inc.’s (“FAIP”) International Portfolio (collectively referred to as the “Funds”) from April 1994 to May 2001. Other Relevant Entities: U.S. Bancorp Asset Management, Inc. (“USBAM”), a Delaware corporation, headquartered in Minneapolis, Minnesota, is an investment advisory company. USBAM registered with the Commission as an investment adviser on April 13, 2001 and remains a registered investment adviser. USBAM is a wholly owned subsidiary of U.S. Bank. USBAM served as adviser to First American Investment Funds, Inc.’s International Fund and Emerging Markets Fund and First American Insurance Portfolio Inc.’s International Portfolio from May 2001 to September 2001. USBAM continues to advise First American Investment Funds, Inc.’s International Fund to this day. First American Insurance Portfolios, Inc. (“FAIP”) is a registered open-end investment company based in Minneapolis, Minnesota. FAIP incorporated in Minnesota on August 27, 1999. U.S. Bank engaged in foreign exchange transactions with the International Portfolio series of FAIP. First American Investment Funds, Inc. (“FAIF”) is a registered open-end investment company based in Minneapolis, Minnesota. FAIF incorporated in Maryland on August 20, 1987 under the name “SECURAL Mutual Funds, Inc.” The company changed its name to FAIF in 1991. U.S. Bank engaged in foreign exchange transactions with three series of FAIF: (1) the International Fund; (2) the International Index Fund; and (3) the Emerging Markets Fund.

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